Special Session Likely To End Loophole In `Legal Land Grab`

May 30, 1985|By Kathleen Pellegrino, Tallahassee Bureau

TALLAHASSEE — The Senate laid the groundwork Wednesday for a special legislative session this fall to close a loophole that is making it possible for private landowners to take title to some state land.

``There is no alternative,`` said Sen. Tom McPherson, D-Fort Lauderdale. ``The people`s lands are in jeopardy.``

After debating a variety of solutions, including repealing the law that makes possible what has been described as ``legal land grabs,`` the Senate adopted a bill calling for creation of a 17-member commission to study the problem.

Passed 33-6, the bill (CS/SB 673) calls for the commission to hold at least five public hearings around the state between July and September, and then propose to the governor, the Senate president and House speaker by Oct. 15 a method for closing the loophole.

The problem is the Marketable Record Title Act, a measure the Legislature passed in 1963. It was designed to make it easier to buy and sell property. However, the same act inadvertently makes it possible for property owners around rivers and lakes to claim the submerged land.

So far, the state has lost 14 cases involving 50,000 acres valued at more than $165 million, McPherson told colleagues Wednesday. The cases involved include land in Dade and Palm Beach counties.

Survival of the bill creating the commission depends on what the House does when it considers similar legislation today and ultimately what Gov. Bob Graham does when asked to sign it into law.

A last-minute amendment to the bill, however, leaves in doubt acceptance by the House and governor. Graham has indicated he would not approve the bill if the amendment is not removed.

``It`s a bad amendment,`` said Graham`s chief of staff, Charlie Reed.

As it was, McPherson and Sen. Edgar Dunn, D-Ormond Beach, encouraged colleagues to approve legislation that would both create the commission and suspend the use of MARTA for one year for those seeking to take title to land the state claimed.

The bill passed, however, with an amendment by Sens. Robert Crawford, D- Winter Haven, and Curt Kiser, R-Palm Harbor, that removed the suspension. Sen. Jim Scott, R-Fort Lauderdale, agreed with their action.

Also endorsing that position were lobbyists for the phospate and agriculture industries, who watched the debate closely from the spectators` gallery and seemed to be trying to guide the voting with hand signals.

``Don`t put a question mark on the law for the next year,`` Scott said during the debate.

But McPherson said later Graham told him he would veto the bill if the suspension of MARTA were not included.

When reached after the vote, Graham would not say if he would use his veto power.

The Senate action touched off criticism by environmental interests but seemed to satisfy lobbyists representing industries such as phosphate, agriculture and real estate.

Environmentalists say MARTA is allowing the state`s lakes and rivers to be wrongly taken by private landowners. Industry representatives say MARTA is needed to protect the state from making claims for land it is not entitled to hold.

The issue also is being considered by the Florida Supreme Court, which has been asked by the state to review some of the cases in which title was won by private interests.

Senate President Harry Johnston, D-West Palm Beach, said he thinks some guidance could come from a Supreme Court decision.

``If the Supreme Court gives us guidelines on how to legislatively correct it, I think we should come back (for a special session) immediately,`` Johnston said.

Regardless of what action is taken by the end of the legislative session, which is scheduled for Friday but could come today, it will be necessary to call a special session before the end of the year, McPherson and Crawford agreed. They said that any action taken now would not be enough to resolve the MARTA dispute.

``Probably the special session would come in October,`` Crawford predicted. ``At that time we should have a commission recommendation for an acceptable resolution.``